Linus Ihesiaba V. Young Shall Grow Motors Limited (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

TIJJANI ABUBAKAR, J.C.A. (Delivering the Leading Judgment)

This appeal is against the Ruling of the High Court of Lagos State, in the Lagos Judicial Division delivered on the 9th day of December, 1998 by A. F. Adeyinka J. in suit No: ID/726/1996.

At the lower Court, the Appellant as Plaintiff commenced the suit via a Writ of Summons and Statement of claim filed on the 28th day of February 1996 and 2nd September 1996 respectively as contained at pages 1-10 of the Records of appeal. The Appellant/Plaintiff filed an Amended Statement of Claim dated 28th April 1998 found at pages 42-48 of the Records of appeal.

The Respondent/Defendant filed a Statement of defence and Counter-claim dated 4th February 1998, the Respondent/defendant also filed an application dated 28th April 1998 praying for an order striking out the Appellant’s claim on the basis that the claims were statute barred. In the Ruling delivered on the 9th day of September 1998, the lower Court upheld the application of the Respondent/Defendant and dismissed the Appellant/Plaintiff’s Suit claim holding that the claim for N42,602,770.00 is statute barred and therefore

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dismissed.

The Appellant became dissatisfied with the ruling and therefore filed a Notice of Appeal on the 14th day of March 2008 containing two grounds of appeal. The grounds of appeal filed by the Appellant are reproduced thus:

1. The learned trial Judge erred in law when he held that the Appellant?s entire claim of N42,602,770.00 was statute barred when the appellant had pleaded in paragraphs 18, 19, and 23 of the Amended Statement of Claim that the debt had being acknowledged by officials and Chairman of the Respondent via promises that the debt would be paid.
2. The learned trial Judge erred in holding that the Appellant’s entire claim for N42,602,770.00 was statute barred when the claim consisted of commissions which were earned and constituted to be earned from year to year and the claim in respect of the commissions earned in the last six years immediately preceding February, 1996 could not be caught by limitation as there could be no right of action in respect of the said commission as at 1986 because by this time the said commissions had not been earned.

The Appellant through learned counsel Chinasa Unaegbunam filed

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Appellants Brief of Argument on the 15th day of December 2010 but deemed properly filed and served on the 7th day of July 2014. The Appellant also filed a Reply Brief on the 16th day of September 2014 but deemed properly filed and served on the 2nd day of November 2016. The Respondent on the other hand filed a Notice of Preliminary Objection on the 7th day of August 2014. The Respondent’s Brief of Argument was filed on the 7th day of August 2014. The Respondents brief of argument and the objection were filed by learned Counsel Ike E. Anyafulu.

The Appellant through learned Counsel nominated the following issues for determination.

1. Whether the learned trial Judge was right in holding that the Appellant?s cause of action in respect of the whole claim for N42,602,770.00 accrued in August 1986.
2. Whether there was no plea of acknowledgement of the debt.

The Respondent equally nominated two issues for determination through learned Counsel, the Respondents issues for determination are also reproduced as follows:

1. Whether or not, by the Appellant’s statement of claim, the learned trial judge rightly held that the

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Appellant’s cause of action for his cumulative single claim sum of Forty-Two Million, Six Hundred and Two Thousand, Seven Hundred and Seventy Naira (N42,602,770.00) accrued in August 1986.